- Never a defense unless statutes makes knowledge element of crime, statute was not published, defendant reasonably relied on statute/judicial decision that was declared unconstitutional/overruled, D reasonably relied on official interpretation or advice from someone charged with enforcement, administration, or interpretation of the law.

(2) Extreme Recklessness/Depraved Indifference Murder : (a) utter disregard for human life, (b) generally putting more than one person in danger, (c) and cannot be used for 1 on 1 killings unless it involves brutal torture or abandoning helpless victim to almost certain death

- Nonslayer defense to Felony murder: (1) D did not do the killing, (2) didn't have deadly weapon, (3) no reason to believe anyone had deadly weapons, AND (4) no reason to believe that the others would do anything likely to result in death.

CRIMES AGAINST THE PERSON NY: FIRST DEGREE MANSLAUGHTER (2 FORMS)

(1) Intent to cause serious physical injury

(2) Extreme Emotional Disturbance ("EED"): An intentional killing committed under the influence of a reasonable extreme emotional disturbance. As a defense to 2nd degree murder, must prove EED by preponderance of the evidence

CRIMES AGAINST THE PERSON NY: 2nd DEGREE MANSLAUGHTER

- Mental State: Recklessness

- D is aware of risk and consciously disregards a substantial and unjustifiable risk of death